Payment of spousal support after the dissolution of marriage is upon the court’s discretion, taking into strict consideration the mandatory provisions set by Fam. C. 4320 such as, but not limited to, the earning capacity of each party and “the ability of the supported party to engage in gainful employment.”
Whenever there is a material change in circumstances, the one who wants to change the support orders may file for a motion to increase, reduce, terminate, or extend spousal support, or any other modification. The resulting decision would once again be according to the court’s discretion, taking into account the mandatory statutory factors set forth by the Family Code.
For more information on spousal support and modifications to support orders, consult with a family law attorney.